State Of Washington v. Twinn Caldwell
76036-0
| Wash. Ct. App. | Jan 23, 2017Background
- Police responded to a shots-fired call at a townhouse; officers found Twinn Caldwell outside holding his young son and a .45 pistol nearby.
- Search of the unit uncovered bullet holes, spent casings (.45 and .308/.30-06), two loaded rifles in the garage (one with a shortened .30-06 barrel), magazines, ammunition, a ballistic vest, and a bag of methamphetamine with a glass pipe in bedroom one.
- Photographs and personal items (documents, backpack with child's clothing) tying Caldwell to bedroom two were found; Caldwell admitted shooting three or four times and said he believed intruders were in the attic/floorboards.
- Caldwell testified he was a temporary resident (not on the lease) and claimed necessity (protecting his son) and lack of possession over the firearms and drugs.
- Jury convicted Caldwell of unlawful possession of methamphetamine, reckless endangerment, and three counts of unlawful possession of a firearm; he appealed raising sufficiency, ineffective assistance, and prosecutorial misconduct claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for constructive possession of firearms (.308) | State: totality of circumstances supports constructive possession (proximity, knowledge, access) | Caldwell: guest status/temporary residence precludes dominion and control | Affirmed: jury could infer dominion and control from proximity, knowledge, and access |
| Sufficiency for actual possession of firearms (.45 and .30-06) | State: admissions, spent casings, weapon found where he placed it, and he fired them | Caldwell: possession was temporary and justified by necessity | Affirmed: evidence supported actual possession; necessity rejected by jury instruction and record |
| Sufficiency for possession of methamphetamine | State: meth found in bedroom; personal effects and documents show dominion over premises | Caldwell: mere proximity or temporary stay insufficient (cites Cote) | Affirmed: rebuttable presumption of control over premises supported constructive possession |
| Reckless endangerment (shooting with child present and adjoining units) | State: firing a high-powered rifle in a townhouse with neighbors and a child created substantial risk; subjective and objective awareness satisfied | Caldwell: presence of child alone insufficient; claimed defensive belief about intruders mitigates | Affirmed: reasonable jury could find subjective awareness and gross deviation from reasonable conduct |
| Ineffective assistance for failure to request unwitting-possession instruction (meth) | Caldwell: counsel should have requested instruction to allow rebuttal of possession inference | State: requesting it would concede possession and undermine other defenses; tactical choice | Affirmed: counsel presumptively effective; strategic choice plausible |
| Prosecutorial misconduct (burden shifting, commenting on silence, vouching, facts not in evidence) | Caldwell: rebuttal comments shifted burden, commented on silence, vouched for State, and relied on unintroduced facts | State: comments responded to defense arguments, highlighted admitted facts and exhibits, and did not improperly vouch or shift burden | Affirmed: comments were permissible responses or were supported by evidence; no prejudicial misconduct |
Key Cases Cited
- State v. Joy, 121 Wn.2d 333 (sets standard for sufficiency review)
- State v. Callahan, 77 Wn.2d 27 (distinguishes actual and constructive possession)
- State v. Summers, 107 Wn. App. 373 (rebuttable presumption of control when person has dominion over premises)
- State v. Parker, 127 Wn. App. 352 (elements of necessity defense)
- State v. Bradshaw, 152 Wn.2d 528 (State must prove nature of substance and possession; unwitting possession as affirmative defense)
- State v. Rich, 184 Wn.2d 897 (reckless endangerment subjective/objective mens rea)
- State v. Thomas, 109 Wn.2d 222 (instructional-error context; when to give rebuttable-inference instructions)
- State v. Thorgerson, 172 Wn.2d 438 (standard for prosecutorial misconduct review)
- State v. Sutherby, 165 Wn.2d 870 (ineffective assistance two-prong test)